>>. >> megyn: lots of people commenting on brent musberger and comments on miss alabama. one representative from craig. miss alabama is hot. musberger a little creepy but forgivable. representative of some of the comments we've gotten. katherine tweets, she is now at

almost 150,000. good for her. i'm megyn kelly. he is watching. >> shep: what is your begs cavuto imitation. >> megyn: what the reeblgd of twitter? listen this is what i want to to talk to you about. i wouldn't have watched the game but i heard you say something on the show. i never said roll tide except around the bowl and down the hole. >> shep: last night i was for them so everyone else was shut up. it's dumb. >> megyn: i don't understand second part what you said but it's good to know you were on the other side. >> shep: this are the middle of the pack and vandy would have beaten them. later. 5/6 nice day. the news begins, prosecutors -- this is getting rough -- they replayed a 911 call. 28 shots in 30 seconds.

and a one million dollar lottery winner died and cyanide poisoning after his big win. live with the chief medical examiner on the case and the new push, teenagers listen up. both of you teenagers listening. what do you think about being able to drink when you are 18, 19 or 20. if your parents are around? well, there is lawmaker who you are going to like unless breaking news changes everything on studio "b", but first from fox, a second day of gruesome and gut-wrenching testimony in the colorado movie massacre case. victims' families reliving the night of terror as prosecutors played one of those first 911

calls. chaos and screams playing over gunshots blasting in the background. police say they counted 30 shots in the 27-second call. not 27 in 30 but it's 30 shots in 27 seconds. think of it. they aren't releasing the tape to the public. ongoing testimony part of a preliminary hearing, kind of like a mini trial to decide if the case can go to trial. the suspect james holmes charged killing 12 people and wounded 58 others. some paralyzed for life. one still in a coma, a gunshot wound to the brain. yesterday police officers broke down crying on the stand, still haunted by all of the bodies and puddles of blood and threw out all the tearful testimony, observers say he stared straight ahead. alicia is with us and stunning

details how prepared this suspect was? >> 6,295 rounds of ammunition purchased by james holmes in the lead up to the shooting. that is according to a atf supervisor. add that to the tear gas, ballistic gear and handcuffs he had. on cross-examination his defense attorney asked him is there any process in colorado to vaccine out whether mentally ill person is purchasing these items and the answer was no. a bomb tech showed photos of my of his booby-trapped apartment and they found a trip wire set over a frying pan full of an ignitor. his carpet was covered with ammonium chloride powder and that with gasoline and oil. three jars connected with quick

fuses. they were filled with gun powder and bullets. the listed goes on and on. too long to list here. >> shep: there was another call that i'm told prosecutors played today? >> they did. this one by 13-year-old girl. kaylin bailey. according to our producers, she could be heard screaming to the dispatcher, i'm in 9, i'm in 9 referring to the theater number where prosecutors say james holmes unloaded his weapons. bailey went to the movies with ashley and 6-year-old. on the call dispatcher attempts to instruct bailey on how to help her young cousin but it was so loud inside the theater that she screamed, i can't hear you, i can't hear you. in the background, there was screaming and cries. just before the judge broke for lunch, a police detective got on the stand and talked about the date go website that james holmes was on and on his profile

will you visit me in prison. >> shep: thank you. now to the ongoing cabinet shakeup at the president's pick to be the next treasury-secretary is, quote, all but a done deal. white house sources is telling current chief of staff jack lu to top the treasury. they are saying that the president's impressed by his knowledge of the federal budget and no-nonsense style. tim ignite her has said he will not stick around for a second term. the united states had s just about a month away from hitting the so-called debt ceiling the point where the government can't pay bills. the next treasury-secretary is key to make sure that doesn't happened but lew's intelligence on is raising red flags. during the last debt ceiling battle, lew clashed with the g.o.p.

now he'll face some of those same lawmakers could be a very tough confirmation battle. what did the white house press second say about this. >> jack lew is the chief of staffed has served in a critical role for on this administration as director of the office of management and budget. a well known figure both here at the white house and throughout washington for the past four years. for more, here is jay carney. >> i would simply say that the president is obviously engaged in a process that will lead to decisions on who should fill posted or vacant. as was in the case this week with the defense department and c.i.a. and prior to that the state department, he will make announcements when he has made a decision. >> that would be press secretary 101, do not get out ahead of the president of the united states but all sources say jack lew

will be named treasury-secretary. >> shep: what are they saying about the past clashes with lew and process in general? >> i talked to jeff sessions moments ago. he said that he is troubled by the jack lew selection because he feels like lew has been too close to the political people inside the white house. he has not been independent from politics. so he predicts it will be a tough confirmation process. another senator sounds more open-minded. >> i wasn't up here during that debate, he wasn't arrogant to me. i'll keep an open mind. with any treasury-secretary nominee my view is going to be looking to the substance. this is not a popularity contest. this is about fixing the problems that are affecting millions of americans.

>> reporter: others said he has been difficult to deal with and not independent enough. bottom line we are waiting for the president to make a call and jack lew will have a chance to make a case for why he should be the next treasury secretary. >> what would that potential documents mean for the budget fight. it's another day, another fight? >> it will be noisier because you are going to have newly appointed for treasury-secretary before you sit down at the table here. not the ideal way to do it. but we did now that geithner was not be for the job. >> shep: what is the problem? >> it's one of tone or attitude. it doesn't seem if he is advocating a position you were going to hear anyway. potentially, perhaps there were things right around the table

that rubbed people the wrong way. by the way, the white house has continued to say all along the debt ceiling per se is not up for negotiation. they won't negotiate as to get raised and both sides have to come to spending and revenue discussion about the ten-year plan, let's say, for spending intentions. the debt ceiling message is the same, congress must allow the administration to pay the bills that congress be mandated be paid. >> shep: they spent money, the congress, and now what this is all about, do we actually pay for just what we just bought. you actually get to do that? >> you should not be able to. it's understandable why this happens. this is an instrument of influence by the congress when you don't have somebody in the white house. realistically speaking it's the mix of things getting debated

and it raises the stakes. next phase is how much revenue we're going to get, it's about are we covering the bills the next seven months. >> shep: were you surprised by jack lew? >> it seemed to be pretty well telegraphed. loyalty is put at a premium. as all the reports say the president seems to trust she good advocate. just because it's been kind of put out there for a while. >> shep: where before they were a team that had gone at each other and now he is bringing a team of loyalists? >> it appears so. maybe not defense as much of a loyalist or insider, but i do think that is probably accurate right now when it comes to treasury. >> shep: mike santoli, thanks. a fire aboard a plane and today another one started spilling

fuel right on the tarmac. we'll take a look at approximate with the new jets and remember when we spent $180 billion to bail out aig. the shareholders have found a way to thank us for saving their business -- they are suing us. [ male announcer ] you like who you are...

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>>. >> shep: back to days of trouble for the number one aircraft maker boeing and 787 dream liner. according to officials at logan airport, a japan airliner spilled nearly 40 gallons of fuel moments before it was to take off. a fire broke out in the belly of a different airliner at logan filling the cabin with smoke. springer.

it has had all kinds of problems? >> it really has. it has a series of electrical problems starting with a fire at a test flight back in 2010. yesterday's battery fire, everyone was off the plane when they discovered smoke in a cabin and traced it to a battery compartment. lithium battery, when the engines are off had overheated. in december there were three less serious problems. one forced a diverted landing in new orleans and one grounded a plane and united ground add plane to replace a power panel and gin rateder. >> it's all electrical power. that generates a lot of heat, just enormous amount of heat that has to be cooled. if you don't cool it then you have failures in the electronics bay. you have failures in the systems >> reporter: boeing says the problems are not related and

scott hamilton says he would get back on a 787 today. >> shep: what are the feds doing if anything? >> they have a team in boston. right now there are three investigators, plus a representative from boeing, faa and japan airlines. the focus is on the airworthyness of the 787. it doesn't look like this will be a short investigation. it's the first time the ntsb has investigated the 787. every new airplane has what they call birthing issues, problems that require some engineering fixes but firings are always serious and could be catastrophic. investors are hammering boeing, the stock is down $4 since the fire yesterday. >> shep: dan dan springer, thanks. >> one insurance provider says it could sue the government

because of bailout. it agreed to a $182 billion rescue, one of the largest in the financial crises after revelations that the company gave out hefty bonuses. aig said it paid the bailout in full and started a campaign thank you america complete with high profile television ads. now aig is considering joining a shareholder lawsuit that is already in place against our government over the terms of the rescue. geri will system with us. they are upset over the bailout. >> it's very upset and being led by the former ceo the of the company. he is the biggest share holder. basically the claim is that the country violated the constitution, fifth amendment which requires the government can't take over private assets and run it for their own

discretion. >> shep: did they realize they were going under without the bailout? >> i think they did. interest rates on the bailout, we're going to see what happens with the lawsuit. it's brought by an investor that used to run the company. he grew this company from the get go. to say that he is aggressive and competitive is to understate the shadow he leaves. >> shep: feds are saying, okay? >> no, they said they have an alternative choice from borrowing the federal reserve and that choice was bankruptcy. it would have left shareholders with worthless stock. we have a huge debate. it will be interesting to see what happens to wins that debate. >> shep: america's favorite company aig. >> according to aig? >> shep: have a nice day.

[ laughter ] >> shep: a man one a million dollars offer the lottery but before he had a chance to spend the money he dropped dead. it was natural causes... wait somebody poisoned him. we'll talk live to the medical examiner who is talking a close look that has been ruled at homicide -- oops, that is next. if there was a pill to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. now that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health.

>>. >> shep: days after a man won a a lottery jackpot, million dollar scratch off. he dropped dead of cyanide poisoning. here is the victim. he won the big prize last year from a illinois lottery ticket and selected the lump sum option. medical examiner first ruled that he died after heart

condition. no problem, days later relatives are like, could you dig a little deep other this. investigators found deadly levels of cyanide in his system. they ruled it a homicide. they exhumed the body in the next couple of weeks to search for more clues. with us is a chief medical examiner conducting the investigation from cook county. thank you. >> thank you, nice to be here. >> shep: how do you find cyanide in a dead guy, is that hard? >> finding cyanide isn't difficult if you look for it. unfortunately our toxicology lab is capable of detecting a a wider array of toxins, when it showed up in the blood it was a bit of a surprise. we can look at additional tissues and get more information. >> shep: how did it happen

that -- how the process goes? >> initially the 46-year-old gentleman died on july 20th. the reports that officers received this man was found unresponsive at home. he was brought to the emergency room and pronounced dead and that was the extent of our information. based on that and in accordance with protocol, medical examiner examined the body for injuries and drew fluids and then released the case and signed it as cardiovascular disease which covers many natural causes of death, heart attack and strokes. basic toxicology was negative. several days later they contacted a doctor and asked us to dig deeper. we're very responsive to new information. so comprehensive toxicology was ordered, even to the point of

ordering something like cyanide. in this case, it paid off. >> shep: so either the guy celebrated his lottery winnings by downing cyanide or somebody murdered him, maybe somebody had access to the money once she six feet under? >> maybe. these are matters left to the police to investigate. theoretically both of those would be possibilities. >> shep: sir, it's great to see you. thank you. >> shep: a representative from the national rifle association is going to the white house to discuss gun control with the vice president. the latest on that gun debate coming up plus an 18-year-old in one state could soon have a legal glass of wine or beer at restaurants or bars. how between 18 and 20. i know you can fight and die in wars but you can't have a drink. there may be a catch that teenagers may like this as we approach the bottom of the hour and top of the news.

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i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! of green giant vegetables it's easy to eat like a giant... ♪ and feel like a green giant. ♪ ho ho ho ♪ green giant >>. >> shep: i'm shepard smith. it's studio "b", time for the top of the news. the white house making a stronger push now for more gun control efforts including talks with the national rifle association. white house spokesman tells fox news that vice president biden will meet with gun safety groups entertainment executives and victims of gun violence tomorrow. then on thursday, he'll talk with a representative from the

nra and other gun owners. president obama asked biden to take charge of a task force to develop measures going beyond gun control laws. meantime, gabrielle giffords and her husband mark kelly say that they have launched their own campaign to curb gun violence two years to the day after a gunman gunman shot her in the head. they visited families in newtown connecticut. afterwards they spoke to abc news anchor diane sawyer. >> how was newtown? >> it brought back a lot of memories but what that was like for us two years ago today. >> you hope this kind of thing doesn't happen again. you know what? it does happen again. >> shep: six people died at the supermarket two years ago today. 12 others were wounded. last year the judge sentenced

the shooter to life in prison with no chance of parole. it sounds like congresswoman giffords and kelly are focusing on congress right now. >> reporter: so far they have been critical of congress. one of the reasons they started their political action committee was to raise enough money so they can fight the gun lobbyists on capitol hill. in their op-ed in u.s.a. today, they write in part, in response to a horrific series of shootings that have shown terror and victimized tens of thousands of americans and left one bleeding to death in a tucson parking lot congress has done something extraordinary, nothing at all. >> gabby and you are both gun owners. but we have to do something to keep the guns from getting into the wrong hands. >> when it can happen to

children in a classroom, it's time to say enough. >> reporter: the city of tucson is holding a gun buy-back today to mark the two-year point of shooting in tucson. the gun advocates say it's nothing more than buying back lawful guns. >> shep: they seem to be trying to put it on fast track? >> the administration says they wanted to come up with a plan by the end of the month.s why woo e president biden meeting back-to-back, but today the press secretary james carney and kind of put up a caution flag. listen. >> he is mindful of the need to act and also mindful of the need to have a process in place allows for consideration for a is variety of ideas. he has made the point this is not a problem that can be solved by gun legislation alone. it is not a problem that can be solved by any specific action or

single action that the government might take. >> reporter: the president has talked about mental health background checks and universal background checks. it seems like he is going further than just banning assault rifles. >> shep: trace, thanks a lot. folks in one state could soon have a beer under the age of 21 legally. as long as their parents are around. a state senator in colorado says he plans to introduce a bill that would allow parents to buy alcoholic beverages for 18-20-year-old children in the state's bars and restaurants. keep in mind, these 36 states in yellow already have some exception to the age limit on the books. joining me is lawmakers, republican state senator, good

to see you. what do you have, half of your constituents are 20-year-olds? what is going on hereby? >> it came about from a personal story but strikes a chord with people. let's say they come back from afghanistan and you want to take him or her down to the local hall and have a beer with old vets, you are not allowed to do that in colorado. but if the bill passes you would be able to do that. >> shep: is there something like this in other states? >> the state of wisconsin has a similar law and modeled statute after wisconsin's. i narrowed it down. >> what kind of reaction have you gotten? >> it's funny. the people that don't like alcohol at all just hate the idea. a lot of other people say it's absolutely crazy that you 19, 20 years old and risk your life for your country, you can vote and enter contracts but you can't

have a beer. >> shep: what do others think about this, can they get the votes? >> it will be hard to see. it will be introduced on wednesday. a lot of legislators loved the idea but special interest groups, who knows. >> shep: what special interest groups, churches or what is it? >> you'll end up with mothers against drunk driving. i have to tell you, i can't legislate good parenting skills but what i can do is create an entitlement where good and responsible parents can be good and responsible adults. >> shep: my reading of this proposed legislation does not suggest that you are drinking while driving. that is not what you are advocating here? >> there are folks that don't like the demon rum and going to oppose any kind of alcohol availability. other responsible people say it's best learn to responsibly.

>> and in a state where i can have an ounce of weed in your car, a drink at 19 is not affecting anybody? >> i think it's a smart policy. the federal government holds hostage our highway funds so we can't have the responsible law that we used to have back in college where you could drink a watered kind of beer. >> shep: 3.2 beer. >> they took that away from us but hopefully we can pass this bill and bring a little bit of training back to the parenting situation here in colorado. >> shep: state senator, good luck. the feds say an alarming number of women and underage girls are binge drinking and exposing themselves to variety of health

problems. some 14 million women and high school girls they binge drink three times a month putting them at risk for higher breast cancer sexually transmitted diseases and heart attacks. the cdc defines it as having four or more alcoholic drinks in one sitting. john roberts, he is live in atlanta which is home to the cdc. the feds sounding a serious warning here? >> they are sounding a serious warning. one of the reasons is because binge drinking could well beyond four drinks, average was six and most troubling was the prevalence among high school age girls. female high school students nearly 40% of them say they drink at some point during the average month. one in five high school students report binge drinking three times a month. it gets worse as they get older. by the time they reach the

twelfth grade, two-thirds of students report binge drink. the problem is still very bad. one in five binge drink. white women reported the most and there is economic factor. highest prevalence making $57,000 a year or more. why is this all important? you alluded a little bit. 12,000 plus deaths per year among women because of binge drinking can lead to a terrible, violence, high blood pressure, stroke, cancer, reduced brain function, unintended pregnancies and fetal alcohol syndrome. >> shep: alcohol has a greater effect on women. is it just the difference in size or what is it? >> it's partly. let's put it in spoiflt.

but less water so the alcohol doesn't get as diluted. they have less of an enzyme that breaks down alcohol. more alcohol is absorbed. you take this altogether, one drink for a woman would be roughly equivalent a man would get two drinks. six beers would be like drinking 12 beers. men used to binge drink at an average twice what women do but according to cdc the numbers are changing particularly in high school. >> high school girls are drinking at just about the same rate as high school boys. in fact, over the past couple of decades, the rate of drinking among high school boys has fallen but the rate among girls has stayed pretty much constant. >> reporter: a recent study from spain, college aged women they were binge drinking more than male counterparts. they say this is an under recognized health issue for

women and wants to get the word out. >> shep: john, thanks a lot. nearly four months after the deadly attack on the united states embassy in benghazi, investigators only have a couple people in custody but one of those is free to go because the judge says there is not enough evidence. benghazi, is our subject next. ♪ [ acoustic guitar: upbeat ] [ dog ] we found it together. on a walk, walk, walk. love to walk.

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join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. >>. >> shep: a judge has released a suspect in the deadly attack in benghazi, libyan that killed four americans including our ambassador. u.s. officials say a few keynesian man was few in custody. a tunisian man, but they have released him citing lack of evidence. it's a set back to bring anybody to justice that killed them. american officials have blamed the attacks on militants belonging to a number of

different groups, ranging from a libyan militia. but officials have largely remained quiet on all this. jonathan hunt is with us. any reaction to this release? >> yes, and no. the spokeswoman at the state department was peppered with questions about the release of this man during her daily news briefing. she essentially batted them all away saying it's not a matter for the state department because they are not leading the investigation. listen. >> the president has committed that we will find justice in this case. we will see justice in this case, but the f.b.i. has to do this right. it is there business and we supported them in their business. >> reporter: went to the f.b.i., we are not commenting either, they said. >> it's proven to be a tough

investigation? >> it's a question whether the libyans are unwilling to be a real partner in this investigation. the problem in benghazi is that it is still run by the militias who was key to overthrowing the former libyan leader, moammar khadafy and it's a problem for the libyan government to get any answers there. they sent the official in charge of security in benghazi was assassinated two months of the attack on the u.s. consulate. the libyans sent an investigator to look into that murder, he was kidnapped on sunday. >> shep: jonathan, hunt, thank you. >> questions over the attack could delay the confirmation of the president's pick to lead the c.i.a. a top senator is calling to hold up the confirmation for john brennan. senator lindsay graham accuses the white house of stonewalling the details of the attack. today the white house responded. >> would it be unfortunate i

think in pursuit of this issue which was highly politicized the senate would hold up the nomination of john brennan to be director of the c.i.a.. >> shep: meantime, the nomination has brought those controversial drone strikes back into the spotlight. he is one of architects of the program that used to assassinate terrorists overseas. >> good afternoon. this day brings word of another drone strike, once again along the afghan-pakistani border, reportedly killing eight people including an al-qaeda trainer. there has been six such strikes this year. they present the diplomats with consistent headaches as officials complain that these drones which are essentially

unmanned vehicle that are armed with hell fire missiles frequently result in collateral damage of civilian deaths a charge the white house addressed today. >> we endeavor to reduce civilian casualties as much as possible. i think that the broader record here of success and taking the fight to al-qaeda and eliminating al-qaeda leadership and leadership of al-qaeda affiliated sorgsz one that has made the united states safer. >> reporter: president obama inherited the program from president bush but greatly expanded it. it's estimated that the current commander in chief, critical of his predecessor's conduct on the war on terror has nevertheless approved 300 drone strikes to kill an estimated 2500 people. >> al-qaeda top leadership,

their external operations designed to hit us here in the u.s. and west and general taliban network and al-qaeda's low level fighters that is conducting operations and coalition forces in afghanistan. >> reporter: when asked today if john brennan directorship would result in intensification of the program, the white house declined to comment. >> shep: united nations reports that it can't get through to about one million hungry in syria. the syrian government is largely to blame. details ahead plus a new study suggests a popular blood pressure medicine could help your brain. that is coming right up.

>>. >> shep: the syrian government that is shooting and bombing its people to death has found a new way to kill. blocking food aid to men, women and children. that is according to a report. the government restriction in syria and for security are preventing relief agencies to help people in serious need. the agencies are running low on food and fuel themselves. the united nations estimated some 4 million people in syria urgently need humanitarian aid. it has killed more than 60,000 people since march of 2011 according to the report. leland vittert has more. >> in addition to the humanitarian crisis, there is still grave concerns about the chemical weapons stockpiles. you might remember a couple weeks ago we reported syrians

mixed the chemicals to be used and red line that the use of chemical weapons by the syrians with airports or artillery would bring grave consequences. we are now entering into a new critical phase in the sense that those weapons are use it or lose it meaning if the syrians do not use those chemical weapons they have mixed, they go bad. at the very same time, u.s. troops are landing by the day in turkey to ready patriot aircraft missiles. to simply reprogramming them would make a no-fly zone where the rebels have enclaves. so far there has been no decision made to move that into a no-fly zone but that would be the first step, a trigger line if the red line of chemical weapons was passed. it happened as the rebels were

gaining momentum. they were taking a lot of rural areas in the northern part of syria and taking great losses but were moving the fight forward. now, the syrian army has rearmed and beginning to push the rebels back. the main problem is they have not been able to take any major syrian cities they can establish an operating base and then move forward one of the primary reasons for that is the syrian air force continuing to bomb away at will. >> shep: a top medication to treat high blood pressure could reduce your risk of developing alzheimer's. scientists from this research say they study the brain of hundreds of men after they died and found that patients that took so-called beta blockers showed fewer signs of brain decay. they say they are among the top prescription drugs, but they can trigger side effects so many

patients are trying newer medications. a new sign that we may not be alone in the universe. new study that tallied the number of potential earth sized planets, the total is 17 billion earth-sized planets. nasa scientists concluded that planet or possible planet the size of earth rotates one out of six stars. how some of those planets may appear. no sign of life yet. we'll be the first to let you know. scientists point out many planets are closer to their stars than mercury to our own soon they would be too hot for water to exist, but we don't know if all life needs water, do we? >> honeymoon is over. couple newlyweds just seconds

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